Can a person be fired on FLMA for lack of work?

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Can a person be fired on FLMA for lack of work?

Asked on November 4, 2012 under Employment Labor Law, Michigan

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I think it would be considered being layed off.  

Yes, it is possible to lay off an employee while on FMLA leave. Although employees do have job and benefit protections during FMLA leave, an employee is not totally exempt from termination or layoff. According to the FMLA regulations, “An employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period. An employer must be able to show that an employee would not otherwise have been employed at the time reinstatement is requested in order to deny restoration to employment” (Sec. 825.216, Limitations on an employee's right to reinstatement).  Good luck.


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